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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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What's my legal rights to stop my neighbor for doing

Customer Question

What's my legal rights to stop my neighbor for doing construction late at night,he refuses to stop at a descent time and the level of volume of the noise makes my living here uninhabitable.
Submitted: 7 months ago.
Category: Legal
Expert:  LegalKnowledge replied 7 months ago.

Good afternoon. Can you share with me what State and County this is in?

Customer: replied 7 months ago.
New Castle,Delaware
Customer: replied 7 months ago.
Are you here?
Expert:  LegalKnowledge replied 7 months ago.

Yes

Expert:  LegalKnowledge replied 7 months ago.

Please just allow me a moment to type

Customer: replied 7 months ago.
okay
Expert:  LegalKnowledge replied 7 months ago.

This is an issue which the police and/or city needs to handle, because it would be a noise violation. You shared that the neighbor is doing construction at night, which is in violation and it needs to be report. If they are doing in at night, you want to call the police and report it, so it can be documented. The police can provide a warning and notice them and if it continues, issues a fine. Moreover, I have provided a link below, for you to use to file a report at this time, with the county, so they can look into it as well.http://hanportal.nccde.org/DP1/Metroplex/Newcastle/customerservice/wiz_csr.asp

Customer: replied 7 months ago.
I already did that,they won't get involved
Expert:  LegalKnowledge replied 7 months ago.

Do you know why?

Customer: replied 7 months ago.
They said it's not their issue,it's the condo association.Construction is allowed per the police
Expert:  LegalKnowledge replied 7 months ago.

Thank you. The next step would be to proceed through the court and ask the Judge to impose an injunction. The goal is to show the Judge that this is creating a nuisance/disturbance and you want to ask that the Judge impose an order restricting the work during only certain hours and days. It is VERY odd that the police would allow this to go on, at night, since there are ordinances in place that prevent said conduct. Moreover, Condo Association have strict rules and regulations as to when work can be done in the condo, so I find it strange that they would allow construction to be done at night, after hours.

Customer: replied 7 months ago.
This has been going on for months
Expert:  LegalKnowledge replied 7 months ago.

I understand how frustrating this can be. In addition, if you are a tenant, you do have a right to quiet enjoyment. If that is being disturbed, the landlord has an obligation to correct it or else you can break the lease and vacate.

Customer: replied 7 months ago.
I have emails stating that the ass. isn't helping me.How would I go about show the judge?
Customer: replied 7 months ago.
I can't afford to move and I am taking care of my father and not working because of That
Customer: replied 7 months ago.
The landlord has reached out to them and no response
Expert:  LegalKnowledge replied 7 months ago.

A compliant/cause of action would need to be filed. You would need to present, show and support this with evidence of the noise and the time it goes on and the level. If you can not afford to move and need to stay and the police, landlord and association has failed you, then the Judge/Court will be the final step which needs to be taken, to case this. As I shared, there is no reason that construction needs to be done at night, in a condo. If others hear it, you can also have them appear and testify on your behalf, advising of the same.

Customer: replied 7 months ago.
They won't get involved and as I asked how do I prove it to a judge?
Expert:  LegalKnowledge replied 7 months ago.

Your own testimony and audio and video recordings of it.

Customer: replied 7 months ago.
What time do you say is a cut off time here? I can't video it it's in the condo on my wall.
Customer: replied 7 months ago.
How do I convert this to a phone call,this isn't helping me at all,sorry.
Expert:  LegalKnowledge replied 7 months ago.

You can request a call and an expert can accept once that is done. There is a button for you to make the request

Customer: replied 7 months ago.
This construction goes on all day at different times and hurts our ears and is giving me ulcers.
Customer: replied 7 months ago.
How much more does it cost,this has already cost me a lot and I am not really hearing what I need.
Expert:  LegalKnowledge replied 7 months ago.

I am going to opt out and allow another expert to step in, who can make the call request and provide additional help. Please allow a moment.

Customer: replied 7 months ago.
How much more will this cost me?
Expert:  Attorney2 replied 7 months ago.

I am a different Attorney as the Attorney that you were working with opted out. There should be a link for the phone call. If not customer service can assist you at

US/Canada1.***-***-****

Available 6am to 9pm PST

The Attorney have no access to billing or your account. What the other attorney was trying to explain was that even if this is not a criminal matter you have a civil action against the neighbor for disturbing the quiet enjoyment of your property and an injunction could be filed.